retaining reinforcements and return on investments. san jose is struggling to keep its new police officers from leaving for other departments and now some city officials want pay back. good evening. i'm carolyn johnson. >> i'm dan ashley. new at 11:00, abc7 news south bay reporter lisa amin gulezian is live with the details on this plan. lisa, take us through it. >> the city definitely wants its money back. councilmembers say other cities like oakland and los angeles charge recruits who jump ship after graduation why so shouldn't san jose? of the 40 officers who

recently graduated from san jose's police academy, five have already left to join the departments in hayward where they will make a little less and morgan hill where they will make a little more. the vice mayor wants the city's money back. >> why are we going to train somebody to pay that much money and then they decide to leave after they receive the training and the education. >> they want a five-year prorated retention plan. it costs $170,000 to train a recruit. if the graduate stays with the department less than a year, the city wants 100% of the investment back. less than two years, 75%. less than three years, 50%. and leaving in less than four years requires a 25% return. >> creating indentured service for police officers is a smoke screen for a council that put in place policies that are driving our recruits away. >> the police officers association blames the city

leaders for the exodus from san jose where pensions and benefits keep changing and morale is low. the taxpayers have mixed reactions to the pay back plan. >> i am not sure about five years, but they need to put time into the city because the city has put time and money into them. >> they put in the time and they should be able to move on wherever they feel. >> the plan will go to a committee next week for review. in san jose, lisa amin gulezian, abc7 news. >> santa clara police department is not big enough to provide security for niners games. the city is looking for help. it wants to hire 20 police officers for games at levi stadium which is under construction right now. they will be paid $55 an hour and could be called in to help with concerts and other events there as well. the city council approved a $200,000 expenditure to pay for background checks for qualified applicants. >> new at 11:00, police believe a drunk driver caused a deadly crash in sonoma

county that seriously injured a young child as well. it happened about 7:00 this evening on highway 121 north of the sonoma raceway. police say a man driving a jaguar lost control and slammed head on into a toyota corolla. the passenger in the jaguar was killed. the two people in the corolla suffered serious injuries. one is a 5-year-old. the drive of the jaguar also suffered major injuries and he is under investigation for dui. hundreds of people gathered for the funeral of the 13-year-old boy shot to death by a sonoma county sheriff deputy. the sol local service -- the solemn service followed a protest over his killing. join is live. >> an eventful day, carolyn. a few people are this memorial. earlier students took the day off from school and joined hundreds of protestor and it culminated with the funeral for andy lopez. it was impossible for people

to hide their pain as the casket of 13-year-old andy lopez was lead out of the resurrection church in santa rosa. more than 600 people were here, classmates, strangers and the family including his heart broken parents. his funeral mass was in spanish with a message that resonated with friends. >> he was too young. he didn't deserve that. he is gone, but he is here spiritual. >> lopez was shot to death as he was walking near his home. he was carrying a toy rifle made to look like an ak47. sonoma county sheriff deputies stopped him and told him to drop the gun, they say. deputy opened fire claiming the boy turned toward them with the realistic gun in his hand. >> i don't blame the officer or the child. >> he joined the few dozen people who converged on the memorial. some of whom came directly from the funeral. >> we need to learn to have more compassion in terms of

the toys we let them play with. >> there was little sympathy during the two daytime rallies. >> there is racial profiling and discrimination and bias. >> they could have shot him in the leg. >> close to 2,000 marchers ended the protest in front of a heavily guarded sheriff department. it was peaceful and there were no arrests. john alston, abc7 news. let's turn your attention to the weather. it will be awfully cold in parts of the bay area. meteorologist sandhya patel is here with how low the temperatures are going to go. >> looks like low to mid30s in some of our north bay hills. we will talk about the frost advisory that is going up in a matter of hours. it is clear out there other than a few lingering clouds. the frost advisory covers the kills in the north bay mountains and 1 to 9:00 a.m. if you do have frost sensitive plants make sure you bring them inside or cover them. don't forget the pets. looking at a live view from

our exploratorium camera, you can see why it is going to be a cold night. already down to the 40s in in areas. we will be back with your lows in the wake up weather and a look at the all important halloween forecast. carolyn? >> thank you. a woman is recovering tonight after being shot in the face. it happened around 7:20 this evening following a fight inside a room at the value inn on west mcarthur boulevard near broadway in oakland. it spilled on to the street and the woman was shot. her injuries are serious, but she is expected to make it. police have not announced any arrests. the widow of an off duty paramedic shot and killed in oakland sa she is not seeking rete pro biewtion, but answers. she was among quinn boyer's family and friends who attended today's court hearing. christian burton is charged with shooting boyer in april as she was dreefg in the oakland hills. >> it is a travis stey all-around. i don't see where it is going

to be a happy ending no matter what. it is sad. it should never have happened. >> they hope there will be a positive change in oakland. burton will be tried as an adult. his attorney says he was a witness -- he has a witness who proves burton is not guilty. the case heads back to court next month. meantime jury deliberations stretch into tomorrow with attempted murder and stealing the celebrity chef's lamborghini from a san francisco showroom. it was in for repairs. the prosecutors say max wade of san rafael stole the car to try to impress a girl. he has been accused of shooting at the girl and her boyfriend. south bay police hope they can find a person who shot an employee. it shows three men and a woman walking into the spa nightclub this campbell early saturday morning. police say later the bouncer asked the group to turn down their music in the parking lot. that's when someone opened

fire. the security guard is expected to survive. new at 11:00, some defendants of famed bridge builder are in jail tonight after authorities say they stabbed a man over the weekend in crockett. contra costa county sheriff officials and 24-year-old richard zamba god -- got into a fight near pomona street. he suffered multiple stab wounds and he will be okay. he was booked on attempted murder charges. his brother was booked for assault with a deadly weapon. both are related to alfred zampa who survived a fall from the golden gate bridge. he worked on the bay bridge and for whom the car keen nays bridge is named. and the redskins are sticking with their name, but the san francisco chronicle is not. they say they are adopting a policy limiting the use of the name "redskins" the paper will only use the team name when

necessary for instance covering a name about the controversy. the cons cons city star has also stopped using the team's name. coming up next, sometimes good fences are not good enough. a proposed new law in one east bay city designed to protect residents from their neighbors. >> and what was touted as the best iphone yet is running into problems and running out of steam. what apple is doing about the 5s battery whoas. >> and your favorite wine could soon be hard to come by. why analysts say we are in the why analysts say we are in the middle of a worldwide

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by run down properties near homes it can be hard to get authorities to take action. 234* hayward, stit council is -- the city council is discussing the lengthy battles often involved. alan wang is live at city hall with more on this for us. alan? >> carolyn, the vote on that proposed ordinance was post -- was postponed so the council can study the issue a little more closely. they will pick it back up next week. essentially they are hoping by threatening property owners with hefty fines the landlords will start paying more attention to the problems caused by their tenants. >> they rs aed plenty of people out there, almost

everyone in there would have a warrant. >> it took five years of neighborhood complaints and litigation before the city of hayward went to the extreme and got a court order to demolish this house. >> it was like transient. there were probably -- i cooperate even tell you how many people were living there at one time. >> they gave us the video of the demolition last march. the complaints ranged from drug use to child abuse and the landlord refused to con -- control. it now they will pass an ordinance that would force property owners to be maury responsible by issuing them warnings and fines up to $5,000. >> rather than getting into a big litigation process in the courts which can be helping -- can be lengthy and difficult. >> they want to make sure they don't abuse the power by blaming landlords for everything a tenant does wrong. >> we want to make sure the

ordinance does not conflict with any other laws the city has on the books. >> vallejo has a similar ordinance and they have reduced the number of calls for homes with chronic problems. they will vote on the social nuisance ordinance at next week's council meeting. in hayward, alan wong abc7 news. >> and we have new details coming into the newsroom about two huge excavators stolen from a construction site. we reported this to you the other day. authorities have finally tracked them down. they are not easy to hide obviously. the chp sent us this photo a few minutes ago. that's one of the two 15-ton extau straight -- excavators taken from clayton last monday night as we told you. each is worth about $120,000. tonight the chp told us a tip lead them to byron 20 miles from the construction site. no arrests have been announced. sisco has laid of on nearly 900 people in the bay area. sisco made that announce meant

in a state regulatory filing. all of the 899 employees work in san jose. they were laid off on october 18th. sisco announced it would cut its workforce by 5% or about 4,000 employees in august. there is a battery problem with a small number of the apple iphone tiff -- 5s devices. a glitch has shortened the battery life of some of the phones. customers who purchased those phones will be contact i had and given replacements. apple stole -- apple has sold millions of phones since launching black month. and facebook could buy blackberry. they met with executives last week. it is unclear whether facebook is actually interested in placing a bid, but there has been speculation in the past that the menlo park-based company wants to build its own smart phone. women feeling a bit depressed should look at their diets. those who ate fatty red meat,

pasta and chips are more likely to be diagnosed with or treated with depression over a 12-year period and suffer inflammation as well. foods such as olive oil, coffee l a fy greens reduced inflammation and depression. our chief health and medical editor will explain the findings of this harvard study tomorrow on "good morning america." tune in for that. more people are enjoying wine around the world. but there is not enough to keep up. there were 300 million cases made last year, down 5% from the year before. it is the lowest level since the 1960s, believe it or not. analysts blame bad weather in argentina and france. they say that there are more wine makers especially in the u.s. however, most are boutique operators who don't have a big affect on supplies. they are not making that much wine. it is time for another check on the forecast. >> meteorologist sandhya patel is here with the full forecast. >> dan and carolyn, get ready

for a chilly night. you might want to turn up the heat or maybe an extra blanket on the bed as you look at live doppler 7hd. pretty clear across the bay area with a few exceptions where we are still seeing lingering clouds. downtown san francisco is crystal clear tonight and here are your numbers. 52 in san francisco right now and check out oakland. you are usually not too bad, but already cooling off to 49 degrees and 52 san jose and it is 48 in los gatos and exploratorium camera is looking toward san francisco and here are your numbers. 43 in np paw and 40 -- in napa and 45 in novato. 48 livermore 51 degrees. here is one of the reasons why it is going to be a chilly night from our kgo roof camera. the trees are barely blowing so we do have light winds and the skies are clearing and a frosty cold morning and sunny and warmer the next few days, and it is going to be dry nor your trick-or-treating and any parties or activities you have. we'll talk about the

forecast in a moment. look at the change. half moon bay is running 13 degrees cooler than at this time yesterday. down 7 in oakland. down 5 degrees in san jose. napa, livermore running 6 dries dries -- 6 degrees cooler. tomorrow morning here are the temperatures you can expect. 36 in napa. 37 in santa rosa. half moon bay 38 degrees. you will see plenty of 40s around. that frost advisory is going for the north bay mountains at 1:00 to 9:00 a.m. if you live up there you will likely be scraping frost off your windshield if your cars are parked outside. of course you want to bundle up. the low is shifting out. we did see a few showers earlier in the south bay and right around the santa cruz mountains. the snow showers in the sierra tapered off and now here is a look at what is coming. the temperatures will rise and warmer weather for livermore tomorrow afternoon. warmer weather for everyone. getting warmer by friday and then the temperatures will

taper going into the weekend early next week. your highs for tomorrow, secretary 8 antioch and 64 oakland and 62 san francisco. 66 in santa rosa. pretty narrow range of highs. 65 san jose, palo alto. half moon bay 61 and you are going to enjoy the sun. i want to just take you ahead and show you the fore c's for -- the forecast for the halloween parades. if you have kids taking part in the morning parades 8:00 a.m. it is dry and cool and temperatures in the 50s. hopefully they are bundled up and they will have their costumes on. still in the 50s. as you look at the numbers for coast, bay and inland it starts to get warmer at noontime. in the low 60s to the low 70s for those afternoon parades. tricktrick-or-treaters it is going to be a treat. sunset at 6:12 and mild weather at 4:00 p.m. cooling off and getting chilly by 8:00 p.m. 55 degrees. a look at the accu-weather seven-day forecast, dry and warmer through the end of the workweek. the weekend is cooler. staying dry and don't forget that we will go to standard time sunday at 2:00 a.m.

the extra hour of sleep is all carolyn and i are counting on right now. >> i am so excited. i hate the fact that it will be darker earlier in the day. but the extra hour of sleep. >> you guys need more to live for. >> let's move to sports now. >> i will put you to sleep right now. this will do it i guarantee you. the warriors will face the kobe-less lakers in their opener. no kobe, no problem, right? not so fast. you will not believe what happened when the lakers benched their starters tonight.

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with enormous expectations the warriors tip off a new season against the laker atz home

minus kobe bryant. it sounds like an easy win at oracle, but maybe that's what the clippers were thinking in l.a. the battle of los angeles and kobe a spectator rehabbing his injury. henry with authority. he had 22 for the lakers. a dunking fest at staples. griffin drunking with crawford. the laker bench was the story. jody meeks, jordan hill and company score the final 48 laker points. the starters didn't play at all in the fourth quarter. 116-103 lakers. oh jack is happy. lakers at oracle tomorrow night. the defending nba champions the miami heat receiving their diamonds. derrick rose out all year, he's back. finished with 12 points. look at the move by lebron going left and then flips it with the right hand. a little finesse move there. ray alan can fall out of bed and knockdown three's like this.

they open with a 1 07-95 victory. they are a game away from elimination and their flight to boston for game six was delayed for more than seven hours. >> what? >> i speak the truth. they had a mechanical issue and it was not discovered until the cardinals team and their families were on board and they stayed on the plane for the entire seven-hour delay. red sox slugger david ortiz upon hearing about the cardinals' delay. >> oh wow. that's crazy. i don't know, man everything happens for a reason. me normally when i don't have a delay on the flight, i don't get mad. you don't play around with that. hopefully you -- they get here safe. >> you just want to make it which they did. they have to figure out a way to integrate michael james into the game plan. james complained about his role as fourth string tail back.

that is not his primary concern right now. >> really just focused on what we have this week and those being the best available players and we get michael in the mix and i want to get that going. he is just too good of a football player not to be playing. >> and stanford's next game is against oregon. the cardinals just lost one of the co captains. ben gardener is out for the rest of the year with a chest injury. gardener was a force on the defensive line. his absence will really weaken stanford's front 7 especially against the ducks. abc7 sports brought to you by riverwalk casino. >> don't say that, larry. >> sorry. you speak the truth. >> i feel badly. >> no kidding. that has to be painful. >> thanks, larry. it is no trick. this event is giving halloween fans quite a treat.

>> turning

it is going to be a cold morning and clear skies. grab a coat or jacket. we are talking about temperatures at 5:00 a.m. mid30s to upper 40s. meek niko will track the temperatures. dan, carolyn? >> thank you. for many of us halloween means carving the jack-o'-lanterns. >> look what they are doing in the tradition of the new york event going on. it is part of the annual great jack-o'-lantern blaze in new york. >> this event happens with more than 5,000 individually hand carved jack-o'-lanterns in a walk through experience. >> can you believe it? they are created by professional artists who make installations with these pumpkins. that's a lot of work. >> we want to see your photos. send them to